The Scottish Land Court (Fees) Order 1996

Link to law: http://www.legislation.gov.uk/uksi/1996/680/made/data.htm?wrap=true
Published: 1996-03-01

Statutory Instruments
1996 No. 680 (S.68)

SCOTTISH LAND COURT
The Scottish Land Court (Fees) Order 1996

Made
1st March 1996

Laid before Parliament
11th March 1996

Coming into force
1st April 1996

The Secretary of State, in exercise of the powers conferred on him by section 2 of the Courts of Law Fees (Scotland) Act 1895(1), and of all other powers enabling him in that behalf, and with the concurrence of the Treasury, hereby makes the following Order:

1.  This Order may be cited as the Scottish Land Court (Fees) Order 1996 and shall come into force on 1st April 1996.

2.—(1) This Order regulates the fees payable in respect of proceedings before the Scottish Land Court.

(2) The fees regulated by this Order shall be payable to the Principal Clerk of the Scottish Land Court or any officer acting for him.

3.  The fees payable in respect of the matters specified in column 1 of the Table of Fees in the Schedule to this Order shall be the fees specified in relation to those matters in column 2 of that Table (the fees formerly payable being shown in column 3 of that Table).

4.  The Scottish Land Court (Fees) Order 1995(2) is hereby revoked.

James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
29th February 1996

We concur,

Michael Bates
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
1st March 1996

Article 3

SCHEDULETABLE OF FEES

Column 1
Column 2
Column 3

Matters
Fee payable

Fee formerly payable(3)

£
£

(1) Small Landholders (Scotland) Acts 1886 to 1931 and Crofters (Scotland) Act 1993(4)

(a)Application for a Record of a holding or a croft

Principal application (each applicant)

60.00
58.00

For each respondent

10.00
10.00

(b)Recording agreements for loan by

(i)the Scottish Office Agriculture, Environment and Fisheries Department and

(ii)the Highlands and Islands Enterprise

Each agreement

70.00
65.00

(c)Other applications

Principal application

28.00
26.00

When more than one applicant (each additional applicant)

18.00
17.00

For each respondent

4.00
4.00

(d)Appeals and motions for rehearing

Each appellant or motioner

50.00
45.00

Each respondent

6.00
4.00

(e)Hearing and Inspection fee payable by applicant in all applications. For each day or part thereof the Court sits or inspects

60.00
55.00

(f)Additional fee

(i)Where the application is granted, dismissed or withdrawn after the hearing order has been received by each party but before the commencement of the hearing— payable by the applicant

70.00
65.00

(ii)Where the Principal Clerk of Court executes a conveyance following upon an Order of the Court under section 16(2) of the Crofters (Scotland) Act 1993— payable by the applicant

65.00
60.00

(2) Agricultural Holdings (Scotland) Act 1991(5)

(a)Valuation of sheep stocks

Awards not exceeding £100

6.00
6.00

Awards exceeding £100:—

For the first £100 thereof

6.00
6.00

For every additional £100 or part thereof

3.00
3.00

Where application dismissed or withdrawn before valuation

75.00
70.00

(b)Arbitration as to rents

Rental as fixed by Court, not exceeding £500

50.00
50.00

Rental as fixed by Court exceeding £500:—

For the first £500

50.00
50.00

For every additional £100 or part thereof

7.50
7.50

Where application dismissed or withdrawn before rent fixed

80.00
75.00

(c)Appeals against award by an arbiter

Fee payable on lodging appeal

65.00
60.00

Rental as fixed by Court not exceeding £500

30.00
30.00

Rental as fixed by Court exceeding £500:—

For the first £500

30.00
30.00

For every additional £100 or part thereof

3.00
3.00

Where application dismissed or withdrawn before rent fixed

85.00
80.00

(d)Claims for compensation

Awards not exceeding £100

12.00
12.00

Awards exceeding £100:—

For the first £100 thereof

12.00
12.00

For every additional £100 or part thereof

5.00
5.00

Where application dismissed or withdrawn before compensation fixed

80.00
75.00

(e)Other Applications

Principal application

100.00
90.00

When more than one applicant (each additional applicant)

50.00
45.00

For each respondent

45.00
40.00

(f)Appeals and motions for rehearing

Each appellant or motioner

60.00
55.00

(g)Hearings and Inspections

For every day or part thereof the Court sits or inspects— payable by the applicant

120.00
115.00

(h)Additional fee

Where the application is granted, dismissed or withdrawn after the hearing order has been received by each party but before the commencement of the hearing— payable by the applicant

120.00
115.00

(3) Miscellaneous

(a)For making a copy or copies of the principal application or any part of it, or any order in it, or any original deed, writ, or document in process

For each sheet

1.20
1.20

For certifying such copy

7.00
7.00

(b)Applications not otherwise specified

Principal application

100.00
90.00

When more than one applicant (each additional applicant)

50.00
45.00

For each respondent

45.00
40.00

(c)Hearings and Inspections

For every day or part thereof the Court sits or inspects— payable by the applicant

120.00
115.00

(d)Additional fee

Where the application is granted, dismissed or withdrawn after the hearing order has been received by each party but before the commencement of the hearing— payable by the applicant

120.00
115.00

(e)Search fee

For searches in records arising from postal or other enquiries— for each search

9.00


Explanatory Note

(This note is not part of the Order)
This Order regulates the fees payable from 1st April 1996 in respect of proceedings before the Scottish Land Court. In the majority of cases the fees are increased and a fee is prescribed for the first time for searches in the records of the court. The Scottish Land Court (Fees) Order 1995 is revoked.


(1)
1895 c. 14; section 2 was substituted by section 4 of the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12); the Scottish Land Court was specified as a Scottish Court for the purposes of section 2 by S.I. 1989/1366.

(2)
S.I. 1995/307.

(3)
This column shows the fees formerly payable under the Scottish Land Court (Fees) Order 1995 (S.I. 1995/307).

(4)
1993 c. 44.

(5)
1991 c. 55.
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